Preliminary Injunction Prevents Wisconsin DHS From Enforcing State Medicaid Exclusion On Medically Necessary Transgender Treatment

On July 25, 2018, U.S. District Court for the Western District of Wisconsin issued a preliminary injunction that prevents the Wisconsin Department of Health Services (DHS) from enforcing a state Medicaid exclusion on transition-related surgical care for two transgender Medicaid beneficiaries. The state had implemented the exclusion in 1997. The exclusion applies to all Wisconsin Medicaid enrollees.

The lawsuit, Flack v. Wisconsin Department Of Health Services, was filed on April 30, 2018. The two named plaintiffs said the exclusion violated the nondiscrimination provision of the Patient Protection and Affordable Care Act (PPACA), and violated the equal protection clause . . .